Bombay High CourtWP/12207/2022disposed off

Keda Motiram Bagul Since Dec Thr His Legal Heirs v. Tahsildar Deola And ANR

2023-01-24Hon'Ble Shri Justice Milind N. Jadhav2 pages

5.wp.12207.22.doc HARSHADA H. SAWANT ( P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO.12207 OF 2022 Keda Motiram Bagul (Since Deceased) Through his Legal Heirs Yashodabai Keda Bagul and Ors.

..Petitioners

Versus

Tahsildar Deola and Anr.

..Respondents ....................

 Mr. Rupesh Geete i./by Satyaki Law Associates for Petitioners  Mr. P. G. Sawant AGP for State - Respondent No.1  Mr. V. R. Kasle a/w. Mr. Eknath K. Dongardive for Respondent No.2 ...................

CORAM :MILIND N. JADHAV, J.

DATE :JANUARY 24, 2023 P.C.

1. Heard Mr. Geete, learned Advocate for Petitioner; Mr. Sawant, learned AGP for Respondent No.1 and Mr. Kasle, learned Advocate for Respondent No.2.

2. After hearing the learned Advocates appearing for Petitioner when this Court was not inclined to allow the Writ Petition, the learned Advocate after taking instructions has submitted that the Regular Civil Appeal No.148 of 2016 filed by the Appellant (Petitioner herein) before the Additional District Judge, Malegaon, District-Nashik be expedited with a caveat that observations made in the impugned order would not affect the hearing of the Appeal proceedings and all contentions of the parties be kept open.

5.wp.12207.22.doc

3. The suggestions made by the learned Advocate for the Petitioners is fair.

4. At his instance, Writ Petition is allowed to be withdrawn and the learned Appellate Court is requested to dispose of the pending Regular Appeal within a period of four weeks from today.

5. Parties shall present themselves before the Appellate Court on 27.01.2023 at 12.00 noon for fixing the schedule / hearing of the Appeal proceedings. It is directed that no unnecessary adjournment shall be granted by the learned Court to the parties unless it is absolutely necessary.

6. Needless to state that all contentions of both parties are expressly kept open before learned Court.

7. With the above directions, Writ Petition stands disposed. [ MILIND N. JADHAV, J. ] Digitally signed by SONALI SATISH KILAJE Date:

2023.01.24 18:43:23 +0530 SONALI SATISH KILAJE